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1. [2022] NZEnvC 053 G & T Family Trust v Western Bay of Plenty District Council [pdf, 257 KB]

   ...the classification of an “extreme case” required to displace the principle that costs are unlikely to be awarded where an appeal is resolved without a hearing. It considers that its conduct was far from unreasonable; rather, its process was careful and considered to ensure fairness, accuracy and transparency in its decision making. Accordingly, Ms Hill submits that the Council did not breach any duty in its conduct of the appeal, therefore an award of costs is not warranted....

2. 20240514-Oranga-Tamariki-Repeal-of-Section-7AA-Amendment-Bill [pdf, 181 KB]

   ...Oranga Tamariki interacts.10 18. Oranga Tamariki has made commitments to maintain all current Strategic Partnership Arrangements entered into and intends to continue to enter into new agreements to help tamariki and rangatahi to thrive in the care and protection of their whānau, hapū 6 Oranga Tamariki Act 1989, s 4(g). 7 Oranga Tamariki Act 1989, s 4(h). 8 Oranga Tamariki Act 1989, s 448B. 9 Waitangi Tribunal, The Oranga Tamariki (Section 7AA) Urgent Inquiry Report (Wai 3...

3. Morgan v ACC [2011] NZACA 2 [pdf, 188 KB]

   ...instance properly be granted in respect of obiter comment in a judgment: Albert v ARC/C unreported, France J, He Wellington, AP 287101, 15 October 2002; 3 Manufacturing unreported, Doogue J, HC Wellington, AP 266100, 6 July 2001; (iii) Care must be taken to avoid allowing issues of fact to be dressed up as questions of law; appeals on the former being proscribed: e.g. Northland Cooperative Dairy Co Limited v Rapana [1991J 1ERNZ 361, 363 (CA); (iv) Where an appeal is limite...

4. [2022] NZEnvC 062 Cassidy Trust v Queenstown Lakes District Council [pdf, 272 KB]

   ...their relatively consistent gradient broken up by small, localised benches and terraces. Vegetation patterns Tall hawthorn hedging and mature poplar trees along the eastern side of Lower Shotover Road. Much of the road-side hawthorn hedging is protected under the District Plan, consent notices or conditions of consent. Exotic shelterbelts, woodlots, remnant gully vegetation, and exotic amenity plantings around on older rural residential properties and around their dwellings. Predomina...

5. BORA Land Transport Amendment Bill [pdf, 294 KB]

   ...Aylwin v Police,1 the Supreme Court identified the purpose of the right to elect to have a blood test: The right of election to have a blood test and the right to be advised of that right, conferred by s 70A, must be regarded as providing effective protection against the consequences of an error in a breath screening test or an evidential breath test. 8.The Court of Appeal in R v Aylwin 2 provided a broader perspective on the right to elect a blood test: It may at first blush seem u...

6. BORA New Zealand Geographic Board (Ngā Pou Taunaha O Aotearoa) Bill [pdf, 377 KB]

   ...important objective 11. We consider collecting, and encouraging the use of, original Māori place names to be a significant and important objective. The preservation of Māori place names reflects the Crown’s obligations under the Treaty of Waitangi to protect Māori cultural heritage. The United Nations has identified the preservation of minority and indigenous group culture as an important aspect of the standardisation of geographical names. It has recognised that the geographical na...

7. Mudge v CAC307 & Anor [2015] NZREADT 85 [pdf, 122 KB]

   ...“whether it is acceptable practice for agents to shop around and obtain a valuation that suits his/her purpose without informing the client of the number of valuations or values represented in each valuation”. [23] We consider that the Client Care Rules 2012 and the Act provides sufficient protection for the members of the public and to prevent any ethical abuses. [24] Accordingly the Tribunal dismisses the appeal and confirms the Committee’s decision. [25] The Tribunal dr...

8. BORA Judicial Retirement Age Bill [pdf, 287 KB]

   ...Court, coroners and Community Magistrates, currently 68, to 70. The explanatory note to the Bill expresses the purpose of a fixed retirement age as follows (para. 2): "Security of tenure and its counterpart, a compulsory retirement age, are key protections for judicial independence. These provisions enable the fearless performance of judicial functions by freeing Judges from concerns about their future term of office." 3. The explanatory note indicates that the proposed increas...

9. EJ v UQ Ltd [2015] NZDT 834 (29 September 2015) [pdf, 91 KB]

   ...If so; what is recoverable on that failure? Did the services provided by UQ Ltd fail? [5] The law of contract and the Consumer Guarantees Act 1993 applies. By law UQ Ltd must perform its services (warranty repair work) with reasonable skill and care and the product of its service must be of acceptable quality, fit for purpose and durable. The test is objective. Where a failure is capable of remedy then a consumer may require the supplier in trade to remedy the failure and if they d...

10. Piontecki & Anor v CAC 20003 & Ano [2014] NZREADT 96 [pdf, 29 KB]

    ...“misconduct” has been reached. However, we prefer to find that the licensee is guilty of unsatisfactory conduct at a high level. [57] Accordingly, a concerning issue is the type of penalty to be imposed on the licensee. Although the Committee, in its careful, thorough, and well reasoned decision, determined that the orders made by the District Court were sufficient, we consider that some more thought needs to be given to the appropriate penalty to be imposed on the licensee. …�...